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California Legal Definitions: Physical Abuse

California Welfare & Institutions Code § 15610.63

(a) Assault, as defined in Section 240 of the Penal Code.

(b) Battery, as defined in Section 242 of the Penal Code.

(c) Assault with a deadly weapon or force likely to produce great bodily injury, as defined in Section 245 of the Penal Code.

(d) Unreasonable physical constraint, or prolonged or continual deprivation of food or water.

(e) Sexual assault, that means any of the following:

Sexual battery, as defined in Section 243.4 of the Penal Code.
Rape, as defined in Section 261 of the Penal Code.
Rape in concert, as described in Section 264.1 of the Penal Code.
Spousal rape, as defined in Section 262 of the Penal Code.
Incest, as defined in Section 285 of the Penal Code.
Sodomy, as defined in Section 286 of the Penal Code.
Oral copulation, as defined in Section 288a of the Penal Code.
Sexual penetration, as defined in Section 289 of the Penal Code.
Lewd or lascivious acts as defined in paragraph (2) of subdivision (b) of Section 288 of the Penal Code.

(f) Use of a physical or chemical restraint or psychotropic medication under any of the following conditions:

For punishment.
For a period beyond that for which the medication was ordered pursuant to the instructions of a physician and surgeon licensed in the State of California, who is providing medical care to the elder or dependent adult at the time the instructions are given.
For any purpose not authorized by the physician and surgeon.

Elder Abuse Resource Center